


Conflict of Interest

by kjack89



Category: Les Misérables - All Media Types
Genre: Alternate Universe - Lawyers, Alternate Universe - Modern Setting, Established Relationship, M/M, Past Relationship(s), Post-Divorce, Reconciliation
Language: English
Status: Completed
Published: 2017-05-16
Updated: 2017-05-16
Packaged: 2018-11-01 12:52:27
Rating: Teen And Up Audiences
Warnings: No Archive Warnings Apply
Chapters: 1
Words: 1,872
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/10922190
Author URL: https://archiveofourown.org/users/kjack89/pseuds/kjack89
Summary: “Mr. Enjolras,” Judge Fauchelevent said, a warning edge to her voice, “I’m sure whatever objection you want to raise on behalf of your client can wait until after the arraignment.”“I’m afraid it can’t,” Enjolras said, his voice tight. “Moving forward as things stand could put the state’s case jeopardy as there’s a conflict of interest that ADA Grantaire is refusing to acknowledge.”





	Conflict of Interest

**Author's Note:**

> I've been taking a bit of a break from Les Mis and moonlighting in the SVU fandom, and I figured this was a good way to bridge the two while also being completely self-indulgent and utilizing the unnecessary research I've done recently on prosecutorial conflicts of interest.
> 
> Usual disclaimer applies. Please be kind and tip your fanfic writers in the form of comments and/or kudos!

“Your Honor, can we meet in chambers?”

Judge Fauchelevent sighed and just managed to avoid pinching the bridge of her nose. “Mr. Enjolras,” she said, drawing out the last syllable as an exaggerated sigh. “We’ve barely begun the arraignment. What is so important that it can’t even wait until the State brings forward charges?”

Enjolras straightened his tie, the red standing out starkly against his crisp white shirt and $2,000 suit, far nicer than the usual public defender could even consider affording. “I’d be happy to discuss it with Your Honor in chambers,” he said carefully.

Cosette rolled her eyes. “Approach the bench,” she ordered, watching as Enjolras stalked up to the bench while he conspicuously avoided glancing at the less well-dressed Assistant Defense Attorney who was taking his time ambling forward. “Mr. Enjolras,” Cosette said, a warning edge to her voice, “I’m sure whatever objection you want to raise on behalf of your client can wait until after the arraignment.”

“I’m afraid it can’t,” Enjolras said, his voice tight. “Moving forward as things stand could put the state’s case jeopardy as there’s a conflict of interest that ADA Grantaire is refusing to acknowledge.”

“First and foremost, your concern for my case is touching,” Grantaire said, his hands in his pockets as he smirked at Enjolras, who refused to look at him. “Secondly, I’ll take it under advisement when your client inevitably appeals his conviction. Thirdly, there is no conflict of interest.”

Now Cosette did pinch the bridge of her nose. “Gentlemen, chambers,” she ordered. “We’ll take a fifteen minute recess. And one of you better bring me a cup of coffee.”

* * *

“Conflict of interest?” Cosette asked coolly as she accepted the cup of coffee from Grantaire. “Mr. Grantaire, if there’s something you want to tell me, now would be the time.”

Grantaire’s lips quirked in a slight smile as he sat down on the other side of her desk. Enjolras remained standing, his arms crossed in front of his chest. “I have nothing to say,” he said lightly. “There is no conflict of interest and the State is ready to move forward with the arraignment as scheduled.”

Cosette switched her glare to Enjolras. “Mr. Enjolras, please explain to me what we’re doing here.”

“Model Code of Professional Responsibility, Canon 9,” Enjolras said, spitting the words like weapons.

Cosette blinked and opened her mouth to ask Enjolras to elaborate further, but Grantaire shrugged and countered smoothly, “ _Blumenfeld v. Borenstein_ , 1981. Not that it applies here.”

For the first time, Enjolras looked at Grantaire, his expression settling into a glare. “It applies,” he growled.

“Doesn’t,” Grantaire said, almost glibly. “And I’d think you wouldn’t want it to, since it’s precedent for dismissing this asinine complaint.”

Cosette held up her hands, forestalling any further bickering. “Will one of you use actual words to tell me what’s going on, or do I actually have to dig out my law textbooks?”

Since Enjolras was too busy staring daggers at Grantaire, Grantaire was the one who replied. “What Enjolras is referring to is the fact that he and I have a previous relationship,” he said delicately. “We used to be married.”

“Of course,” Cosette said with sudden realization. “ _Blumenfeld v. Borenstein_ , Georgia Supreme Court, where the court refused to disqualify a husband-attorney whose wife had represented the defendant.” She arched an eyebrow at Grantaire. “You said ‘used to be married’?”

“Yes, Your Honor,” Enjolras snapped. “Used to be. We’ve been divorced for six years.”

“Which was longer than we were married, for what it’s worth,” Grantaire added in what he clearly thought was a helpful way.

Cosette rolled her eyes. “So Mr. Enjolras, I assume you’re claiming a conflict of interest and potential bias of Mr. Grantaire against your client.”

Grantaire snorted derisively and Enjolras’s jaw tightened before he managed, “My client is entitled to a fair trial without even the appearance of impropriety, and numerous state Bar associations have issued opinions that spouses should not represent adverse clients, which this would certainly qualify as. Not to mention the same Georgia Supreme Court disqualified an attorney under _Stephens v. Stephens_.”

“First of all, that was a judge, not an attorney,” Grantaire said, his smile turning into something more twisted. “Secondly, you made sure that none of this caselaw applies the moment you chose to file for divorce.”

And that, Cosette assumed, judging by the quiet drip of hurt in Grantaire’s voice and the crease that puckered Enjolras’s brow, was the crux of the matter. Not that it was any of her business — or, for that matter, the court’s. She cleared her throat. “Mr. Enjolras, did you disclose to your client the nature of your previous relationship with Mr. Grantaire?”

Enjolras’s eyes snapped to Cosette’s, and for a moment, he looked insulted by the question. “Of course.”

“And did your client still wish to proceed with you as his counsel, despite the disclosure?”

Enjolras’s expression soured. “He did, Your Honor.”

Cosette spread her hands. “Then frankly, there’s nothing that I or any other judge could do at this point. If you’re _that_ concerned about the appearance of impropriety, you’re welcome to arrange alternate counsel for your client. But from the Court’s perspective, there’s no impropriety, and quite frankly, I’d like to just get this arraignment over with, especially since it’s for a misdemeanor and I was already planning on releasing your client on his own recognizance.”

Enjolras did look slightly mollified at that, and he gave a short nod, followed by an almost cautious look at Grantaire, whose expression was impassive. “Very well,” he said reluctantly. “My client and I are ready to proceed.”

Grantaire stood. “Excellent,” he said smoothly. “Then I look forward to seeing you back in court.”

Enjolras looked like he wanted to say something more but chose not to, instead rolling his eyes and leaving. Grantaire was about to follow him, but Cosette cleared her throat. “Mr. Grantaire, a moment, if you please.” Grantaire paused, giving her an inquisitive look. “You may have precedent on your side, and I personally don’t think any harm will come to this case by your presence, but if you were smart, you would recuse yourself.”

“Thankfully, no one’s ever accused me of being smart,” Grantaire muttered with a slight grin. He cocked his head. “Why should I recuse myself? There’s no conflict of interest.”

“Perhaps not ethically,” Cosette acknowledged, “but the optics don’t look good, especially since I doubt you can give me a good reason why you’re even on this case in the first place.” She gave Grantaire a look, and he at least had the sense to look slightly embarrassed. “Or is the DA punishing one of his top homicide prosecutors by busting him down to a misdemeanor B&E?”

Grantaire rubbed the back of his neck. “I may have volunteered to take the case,” he admitted.

Cosette raised an eyebrow at him. “To stick it to your ex? Because far be it from me to paraphrase the American Bar Association, but that seems to be the definition of conflict of interest.”

“I wasn’t sticking it to anyone,” Grantaire insisted, a stubborn set to his jaw. “I was planning on letting the perp plead down the charges following the arraignment.”

“Mr. Enjolras wasn’t willing to entertain a plea deal before the arraignment?”

Grantaire half-smiled. “It didn’t come up in our pre-arraignment conversation.”

Cosette shook her head and sighed. “So what do you get out of going through the motions of an arraignment?”

Now Grantaire’s smile spread, and he ducked his head as he shrugged. “Have you ever seen Enjolras in court?” he asked, as if the question was an answer in and of itself.

Cosette rolled her eyes. “Courtroom galleries are open to the public, Mr. Grantaire,” she said shortly. “If you wanted to eye-fuck your ex, you’re more than capable of doing so without wasting my time or the public’s.”

“Are judges allowed to say ‘eye-fuck’?” Grantaire asked, genuinely curious.

Cosette ignored him. “I’m pushing the arraignment until tomorrow,” she said in a tone that brokered no argument. “I suggest you take this afternoon to meet with Mr. Enjolras, and I expect to see you back in my courtroom tomorrow with a plea deal. Is that understood?”

“Yes, Your Honor,” Grantaire said, sufficiently put in his place.

Cosette adjusted her robes. “Oh, and Mr. Grantaire?” she said casually. “I highly suggest that you schedule your meeting with Mr. Enjolras over dinner, or at the very least, drinks.”

Grantaire blinked at her. “I beg your pardon?”

“Can you think of a better opportunity to at least open a conversation between you two?” Cosette asked, and Grantaire blushed slightly.

“How’d you know that...that I was hoping to open a conversation?” he asked.

Cosette shrugged and smiled slightly. “I may be a circuit judge now, but as they say, once a family court judge, always a family court judge.” Her smile faded into something more serious. “Now get out of my chambers.”

Grantaire nodded and resisted the urge to salute. “Yes, Your Honor.” He turned to go but hesitated, glancing back at Cosette. “What if he doesn’t want to talk to me? About...that. After all, he’s the one who asked for the divorce in the first place.”

He sounded equal parts despondent and hopeful, and it took all of Cosette’s effort not to roll her eyes. “No one gets that upset about seeing their ex unless there’s unresolved feelings,” she told him. “So sort it out before you ever set foot in my courtroom again, or I’ll be sure to have a long conversation about you with the DA.”

Grantaire nodded again, suitably cowed. “Yes, Your Honor.”

With that, he did leave, though judging by the sound of his voice echoing from the hallway outside of her office, he didn’t go far. “Didn’t expect to see you here,” she heard him say.

“I figured we should probably talk.”

Cosette wanted to say that she was above eavesdropping, but she was no such thing, and she was so surprised to hear Enjolras’s voice that she almost missed what he said next. “—sorry for how I behaved.”

“Which time, Apollo?” Grantaire asked, though there was no real bite to his moment. There was a moment of silence as if Grantaire was deciding whether or not to push it, and Cosette was relieved to hear him clear his throat and instead say, “I assume you heard that the arraignment’s been pushed til tomorrow?” Enjolras didn’t reply, but Cosette assumed he nodded based on Grantaire asking, a little hesitantly, “Do you want to get coffee? Maybe discuss a deal?”

“Now you want a deal?” Enjolras asked, though he sounded genuinely surprised, and hesitated for only a few moments before saying, “Sure. But it’ll have to wait. I have another arraignment in…” He paused. “Thirty minutes.”

“How about dinner then?” Grantaire asked boldly, and Cosette broke into a grin as Enjolras replied, “Sure. Dinner sounds good.”

With that, the conversation moved down the hallway as Grantaire assumedly walked Enjolras to his next arraignment, and Cosette allowed herself a self-satisfied smirk before taking a deep breath and readying herself to head back into court. 

Some days, she really loved her job.


End file.
